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IN THE MATTER OF CHRISTOPHER P

Appellate Division of the Supreme Court of New York, First Department.
Jun 27, 2006
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The finding of abuse as to the older child is supported by a preponderance of the evidence showing a substantial risk of physical injury due to respondent's infliction of excessive corporeal punishment, and a protracted impairment of emotional health due to witnessing an incident of domestic violence (Family Ct Act § 1012 [e]; § 1046 [b] [i]). The older child's out-of-court statements were sufficiently corroborated by, inter alia, the personal observations of a child protective specialist and the child's medical records ( see Matter of Yvelize T., 302 AD2d 242). The finding of derivative abuse as to the younger child was proper under the circumstances ( see Matter of Jason G., 3 AD3d 340, lv denied 2 NY3d 702; Matter of Quincy Y., 276 AD2d 419).